JA Exception to FairOpp_SIGNED DH.pdf

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

Acquisition Title: Children’s Health Coverage National Outreach and Enrollment Campaign Agency: Centers for Medicare and Medicaid Services (CMS) Acquisition Year: 2023 Author: Deborah Lester, Contracting Officer

1. Description of Action:

A. Nature

a. ____ New Requirement

b. _X__ Follow-On Order

c. ____ Modification of Existing Purchase Order / Contract Number

B. Order Against

a. Multiple Award IDIQ Contract Number: 75FCMC18D0045 (National Education

Campaign and Outreach (NEC) IDIQ) C. Contract Type

a. ____Firm-Fixed Price

b. __X__ Time and Materials

c. ____ Cost Plus Fixed Fee (CPFF)

i. ____ Term

ii. ____ Completion

d. ____ Cost Plus Award Fee (CPAF)

e. ____ Other: ___________

D. Projected Cost / Price of contract (Base & All Options): _$3,000,000______ E. The total estimated value of the proposed sole source action (for modifications only):

__$0________ F. Funding Source (s): Helping Ensure Access for Little Ones, Toddlers and Hopeful Youth by

Keeping Insurance Delivery Stable Act (HEALTHY KIDS Act) of 2018________

G. __X__: Basis for Approval (Far 6.303-1(d) __X_: Individual Basis ____: Class Basis

This proposed task order is a logical follow-on to the competitively awarded task order under NEC IDIQ 75FCMC18D0045, Task Order 75FCMC19F0001, awarded to Porter Novelli, which has a period of performance of 05/08/2019 to 6/30/2023 with a total obligated amount of $6,986,619. The task order was competed amongst all four (4) NEC IDIQ holders. This logical follow-on is a continuation of the work under this task order.

2. Description of Supplies or Services:

The Children’s Health Coverage National Outreach Enrollment Campaign task order provides technical professional services to support the Centers for Medicare & Medicaid Services’ (CMS’) Connecting Kids to Coverage National Campaign, which was first authorized through the Children’s Health Insurance Program Reauthorization Act (CHIPRA) of 2009, extended first under the Patient Protection and Affordable Care Act of 2010 (ACA), MACRA, The HEALTHY KIDS Act and most recently through the Advancing Chronic Care, Extenders and Social Services (ACCESS) Act of 2018, to enroll eligible, uninsured children in Medicaid and Children’s Health Insurance Program (CHIP) and improve retention of eligible children who are currently enrolled, with a particular focus on children who are the most difficult to reach and enroll.

The purpose of this acquisition is to build upon, enrich and coordinate activities being conducted under the Connecting Kids to Coverage National Campaign. Through this Campaign, federal agencies and state, tribal and local governments and agencies, community organizations, community health centers and other health care providers, schools and others reach out to identify children eligible for Medicaid and CHIP, help them get enrolled and keep them covered for as long as they qualify.

Specifically, the activities under this task order will raise awareness about the availability of free and low-cost health insurance under Medicaid and CHIP, highlighting that individuals can apply for these programs year-round. The Campaign will create and make available outreach and enrollment tools, materials, and training webinars to support the efforts of Connecting Kids to Coverage grantees and other entities engaged in state, tribal and local outreach and enrollment activities. Ultimately, the Campaign’s activities, materials, and training on effective outreach techniques will help increase enrollment and retention in Medicaid and CHIP.

The Period of Performance for this follow-on task order will be July 1,2023 - June 30, 2025, and will be solicited under Acquisition Procurement Plan (APP) number 231242.

3. Authority and Rationale:

The Contracting Officer shall give every awardee a fair opportunity to be considered for a delivery/task order exceeding $3,500 unless one of the following statutory exceptions applies. FAR 16.505(b)(2). Mark the applicable exception:

___ The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays [FAR 16.505(b)(2)(i)(A)];

__Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized [FAR 16.505(b)(2)(i)(B)];

_X___ The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order [FAR 16.505(b)(2)(i)(C)]; or

FAR 16.505(b)(2)(i)(C) provides for the restriction of competition when the required work is a logical follow-on to an originally order that provided all awardees a fair opportunity to be considered for the original order. The original order was competitively procured on 5/08/2019 utilizing the NEC IDIQ in which all four awardees were provided a fair opportunity to be considered.

A logical follow-on to the original task order will ensure continuity in outreach and education activities to the Children’s Health Coverage National Outreach Enrollment Campaign target audiences of parents and grantees. Additionally, a logical follow on would keep campaign efforts on track without transition delay resulting from onboarding a new contractor and would avoid costs associated with building a new contractor’s knowledge about the program and coordinating new outreach tactics.

Specifically, a logical follow-on will maintain consistent messaging and outreach tactics that will seamlessly build off the existing work that has been completed under the current task order ensuring families who are eligible for Medicaid or Children’s Health Insurance Program (CHIP) can get coverage and maintain coverage for those currently enrolled. The current contractor has built relationships with partners and grantees to extend campaign reach, which takes time to cultivate, and are familiar with CMS’ style and distribution channels, and communications efforts timed around the Back-to-School season (July – October) when healthcare is top of mind for parents, which would commence at the start of the period of performance limiting a new contractor’s ramp up time. Additionally, continuity in outreach to parents and grantees over the next two years is especially critical to the agency as the COVID-19 Public Health Emergency starts to unwind in April 2023 and as an estimated 15 million people could lose their current Medicaid or CHIP coverage during that time. Furthermore, for the follow-on, materials developed under a separate COVID-19 Unwinding task order will need to be adapted for Connecting Kids to Coverage National Campaign grantees and partners. The current contractor has the knowledge and expertise to maintain a consistent look and feel with existing Campaign materials.

Therefore, the relationship between the original order and the follow-on work is logical and efficient because it provides a continuation of the outreach and education services that is based on the framework delivered in the original order.

Under the previous task orders, Porter Novelli has demonstrated an excellent track record and has proven successful in developing campaigns that effectively reach the target audiences for CMS.

Specifically, Porter Novelli has been the incumbent on the Children’s Health Coverage National Outreach Enrollment Campaign for four years. Porter Novelli has developed numerous resources that have been used by CMS, grantees and partners to boost Medicaid and CHIP enrollment.

Porter Novelli is uniquely qualified to support this logical follow-on effort based on the time that has been invested and their program knowledge. This would be the most efficient use of resources in terms of both cost and time.

This logical follow-on authority has not been used previously for this requirement.

___ It is necessary to place the order to satisfy a minimum guarantee [FAR 16.505(b)(2)(i)(D)].

____ A statute expressly authorizes or requires that the purchase be made from a specified source. [FAR 16.505(b)(2)(i)(E)].

4. Provide a statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made:

The period of performance for this effort is limited to July 1, 2023 to June 30, 2025. CMS is working on a longer-term acquisition strategy in parallel with this task order that is aimed at fostering increased competition for future opportunities that may emerge under the Children’s Health Coverage National Outreach and Enrollment Campaign.

5. State any other facts supporting the justification:

N/A

Approvals:

Program Office Certification. This is to certify that portions of this justification have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for Exceptions to Fair Opportunity, which form the basis for this justification.

Contracting Officer Representative (COR) / Date

Program/Project Manager (P/PM) / Date

Contracting Officer Certification and Best Value Determination: This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief, the information and/or data provided to support the rationale and recommendation for approval, is accurate and complete.

By my signature below, after review of the relevant documents, I have determined that the order subject to this Justification represents the best value for the Government as set forth in FAR 16.505(b)(2)(ii)(B)(5), and constitutes a fair and reasonable price. The basis for my determination is as follows:

CMS will evaluate Porter Novelli’s proposed pricing and level of effort and mix of labor projected to perform the task order. In addition, CMS will use the Independent Government Cost Estimate (IGCE) along with historical pricing data on previous NEC IDIQ task orders to ensure that this logical follow-on procurement strategy represents the best value to the Government. Prior to execution of this logical follow-on task order, the Contracting Officer will make a fair and reasonable determination.

Contracting Officer / Date

Additional OAGM Approvals:

I hereby confirm the circumstances described above apply and approve the justification for Exceptions to Fair Opportunity.

OAGM Division Director / Date

OAGM Group Director / Date

Head of Contracting Activity (HCA) Approval I hereby confirm that the circumstances described above apply and approve this Justification for Exception(s) to Fair Opportunity.

Derrick Heard / Date

Competition Advocate Approval I hereby confirm that the circumstances described above apply and approve this Justification for Exception(s) to Fair Opportunity.

_________N/A_________________________________________ Name / Date

OGC Legal Review

_________N/A__________________________________________

Office of Small and Disadvantaged Business Utilization

_________N/A________________________________________

Senior Procurement Executive (SPE) Approval I hereby confirm the circumstances described above apply and approve the Justification for Exceptions to Fair Opportunity.

_________N/A______________________________________ SPE Name / Date